02/16/93 City Council Minutes536
A REGULAR MEETING OF THE KALISPEIIL CITY COUNCIL WAS HELD AT 7:00
P.M. TUESDAY, FEBRUARY 16, 1993, IN THE COUNCIL CHAMBERS AT CITY
HALL. MAYOR RAUTHE PRESIDED. ALI., rOUNCILMEMBERS WERE PRESENT.
Mayor Rauthe called the meeting to order and led the Pledge of
Allegiance.
CONSENT AGENDA
Approve Minutes -February 1, 1993
Approve Claims per Payables Register
Buck moved to approve the consent agenda. The motion was seconded.
With a vote the motion carried.
ADDRESSING THE COUNCIL
No one addressed the council.
PUBLIC HEARING
Juniper Bend -Preliminary Plat
The purpose of this hearing is to receive public comment concerning
a request from the Mitchell/Swo.ish partnership for Preliminary Plat
approval of a 32-unit townhouse development and a Conditional Use
Permit to allow the clustering of these units into townhouses in a
R-3 Single Family Zone. The subject property is a 12.85 acre tract
of land located east of Grandview Drive and West of the Stillwater
River. This project received Council approval as a 26-unit
townhouse development last month.
Proponents
Doug Kauffman of Thomas, Dean & Hoskins, representing the
developer, spoke in favor of the preliminary plat for Juniper Bend
and gave recommended changes to certain conditions.
Opponents
Milt Carlson, 375 Grandview Drive, distributed a letter of concerns
to the mayor and council and spoke against the preliminary plat for
Juniper Bend.
The public hearing was closed.
Tom Jentz, FRDO Planner explai-..+.ed the Juniper Bend history and
answered questions.
There was discussion.
ORDINANCES & RESOLUTIONS
Resolution 4092-Juniper Bend -Preliminary Plat
The Kalispell City/County Planning. Board met January 12, 1993 to
consider the Juniper Bend project. The Board adopted the FRDO
Staff Report as findings and voted in favor of approving the
Preliminary Plat. They modified several of the Staff conditions of
approval. Condition #8 was changed to include the wording "all
disturbed areas including the steep slopes shall be re -vegetated",
#14 was modified to allow a non-combustible open sided facility
with no bathrooms in the homeowners park, #15 was modified so that
all housing units on slopes in excess of 20% would be reviewed by
city to determine if the si e is buildable, to protect t1-
adding Conditiony#17 requiringya 25 �v� aY...`o►i'uitauCidtt:�,
foot vegetative corridor along
the Stillwater River, and adding Condition #18 requiring an
engineer approved Construction Phase Erosion Control Plan be
instituted prior to development of the site. Williams and Staff
recommended that Council adopt V)e resolution as submitted.
Atkinson moved Resolution 4092, a resolution conditionally
approving the amended Preliminary Plat of the subdivision of tract
Numbers 5E and 5CA in Section 6, Township 28 North, Range 21 West,
P.M.M., Flathead County, Montana. The motion was seconded.
537
Collins moved to amend the motion that the bathroom facilities be
allowed meeting all requirements of floodplain and building code
standards and built of non-combustible materials. The motion was
seconded.
Kennedy spoke against the amendment.
There was discussion.
The amendment carried with Kennedy voting against.
There was more discussion with Public Works Director Babb answering
questions.
Larson moved to amend Condition #16 to read 50' rather than 251.
The motion was seconded.
Atkinson spoke against the motion.
After more discussion Larson, Collins and Kennedy spoke in favor of
the motion.
When the applicant Dan Mitchell was asked, he was very agreeable to
the 50'.
Atkinson called for the question.
With a vote the amendment carried.
With a roll call vote the motion carried.
BUSINESS FROM MAYOR & COUNCIL
Council Award
Rauthe displayed the award that was presented to the Council at a
meeting last night by the Don't Gamble With the Future group.
The award was given for being the only Montana city to contribute
to the Gambling Prevalence Study.
Hockaday Board Appointment
Rauthe explained Barbara Moses is resigning from the Hockaday Board
and requested Council approval to appoint Jim Atkinson as her
replacement.
Rauthe thanked Moses for her years on the Board.
Kennedy moved to appoint Jim Atkinson to the Hockaday Board. The
motion was seconded.
Atkinson felt it was an honor to be appointed to the Board and at
this time there is a showing in memory of a very dear friend and
very worthwhile individual, Jeanne Hamilton.
The motion carried unanimously with a vote.
BUSINESS FROM MANAGER
Juniper Bend -Conditional Use Permit
The applicant is also requesting a Conditional Use Permit which
would allow for the con. -tion of a 32 unit townhouse -luster
development. The Planniiij hoard held a public hearing on January
12, 1993 and has recommended the granting of a Conditional Use
Permit with 3 conditions. The FRDO Staff Report and the Planning
Board's conditions are marked as Exhibit A attached to Resolution
4092. The findings of the FRDO Staff indicate: 1) the site is
suitable in size and design to accommodate this type use, 2)
access to and from the site will be adequate with improvement of
Grandview Lane to City standards, 3) environmental constraint of
the site were considered in the use and design of the development,
4) public facilities are available and adequate for the proposed
use and 5) the impact to surrounding properties should be
minimal.
538
Williams and Staff recommended that Council adopt the Planning
Board's recommendation authorizing the CUP with 3 conditions.
Granmo moved to grant the Conditional. Use Permit for Juniper Bend.
The motion was seconded.
Upon vote the motion carried.
Karen Stone Assessment -Appeal
The City received a letter dated January 6, 1993 from Attorney
Andrew Bittker representing Karen Stone which requests the
abatement of $875 of the $10,750 assessed against the Stone
property for the cost of demolition and tank removal. The request
argues that the tank removal expense should not be allowed because
the fuel storage was not located on the Stone property at 1026 4th
Avenue East. At the time of demolition, Staff was aware that the
tank may have been on the neighboring property, however the tank
did serve the Stone property and needed to be removed. The City
proceeded with demolition and tank removal and feel the cost
associated with tank removal has been properly assessed. Williams
recommended Council deny the appeal and instruct City Attorney
Neier to communicate the denial to Attorney Bittker.
Attorney Andrew Bittker explained why he felt Karen Stone should
not be responsible for the cost of removing the tank and spoke
against denying the appeal.
Kennedy moved to deny the appeal of the Karen Stone property for
the assessment of $875 for the removal of the fuel tank. The
motion was seconded.
There was discussion.
City Attorney Neier explained the reasoning for the assessment of
the $875 for the tank removal and recommended to deny the appeal.
Granmo spoke against the motion.
There was more discussion and Public Works Director Babb answered
questions.
La._,:sun spoke against the motion.
Kennedy spoke in favor of the denial.
Buck called for the question.
The motion carried upon vote with Larson, Granmo and Collins voting
against.
Police Officer Confirmation
Williams reported that Chief Clark has requested that patrol
officers John Parker and Troy Holt be confirmed. Both officers
have successfully completed their one year probation. Williams
concurred with Chief Clark's recommendation and asked Council to
confirm the appointments.
Larson moved to confirm John Parker and Troy He- as nc?f..^e
Ui: ...:er.�. The was seconued.
The motion carried upon vote.
KGA Invitation
Williams explained the President of the Kalispell Golf Association
and the Chairman of the Long Range Planning Committee invited him
to attend a workshop in Atlanta, Georgia on Public/Private
Partnerships for Municipal Golf Courses.
539
The KGA has agreed to pay for the room and registration fees if the
City would pay for the airfare and the meals. The dates are March
3-7.
Buck moved to allow the City Manager to attend the workshop in
Atlanta with the City paying for the airfare and the meals. The
motion was seconded.
With a vote the motion carried.
STAFF REPORTS
Next Work Session 2/22/93 7:00 p.m.
Next Regular Meeting 3/1/93 7:00 p.m.
The City Council and County Commissioners will meet after this
meeting for a joint workshop.
ADJOURN
The meeting was adjourned at 8:33 p.m.
ATTEST:
Amy H. Robertson, Finance Director
Debbie Gifford, Clerk of Council
Approved 3/1/93
11